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Tel59 profile image
Tel59
β€’21 Replies

Hi every one..😊..can anyone help me out please..i have been recieving esa until my assesment 2 weeks ago and i had a call from the decition maker and she has told me ive got no points at all..😯..but i had my pip assesment and i was awarded standard living allowance but nothing for mobility but my daughter has wrote a letter asking them to have another look and reconsider. I have been told to make a claim for jsa as they have now closed my claim for esa..πŸ™..has aby one else had this proleπŸ˜•

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Tel59 profile image
Tel59
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You should have had more time to ask for a mandatory reconsideration and you could request regulation 35 to be placed in a support group ask for a statement of reason so they can exsplane it to you I think that's correct unless someone else can advise you

rosewine profile image
rosewine

As Hidden says youcan seek to have a Mandatory Reconsideration of the decision and, if this is unsuccessful you can appeal. You usually have just one month from the decision to make a response. ESA cannot be paid whilst the reconsideration is made but if you make an appeal then you might be able to get benefit until the hearing. You can claim JSA during reconsideration.Good luck with it.x

Tel59 profile image
Tel59

Thank you for ur replys..😊..i only got the call today (was odd being a sunday) but ive not yet recieved the dreaded letter but ive wrote down ur advice tips & will use them..😊..ive never herd of the regulation 35 but i will definatly use it..thank u again..😊..xx

Steve_728 profile image
Steve_728 in reply to Tel59

You have 28 days from receiving the letter to ask for mandatory reconsideration. When you do so enclose copies of any medical info you have for example hospital letters or doctors letters showing a diagnosis. Also if you have had contact with any occupational therapists or physio's include those too. I had the hospital OT refer me to the local authority OT for an assessment and got a mattress lifter off them and a few other bits. I enclosed all this info too but, at the reconsideration I was told in writing from DWP that fybromyalgia automatically meant ESA support group. I also get upper mobility PIP and standard care rate, this then promoted DWP to ask me to apply for severe disabled allowance which I also get. Just hit them with lots of information. Ask your GP practice for copies of hospital consultant letters for the last 2 years and send copies of them too. It cost me Β£10 to get mine but well worth it. Wish you well with it all.

Tel59 profile image
Tel59 in reply to Steve_728

Hi steve..😊..thank u for ur reply..i have made my claim as sugested & now im waiting for my letter so i can see what they say & ask for a reconsideration..they already have all my doctors letter & every thing..my consultant even gave me 5 copys of a letter stating that fibro isa delibertating dkisease..(sorry if i spelt it wrong)..😊..i have to pay my gp £25 but i will send that to..😊..hope im lucky like u & have some good luck..xx

Shamrockgirl profile image
Shamrockgirl in reply to Tel59

I'm terrified hearing this as I have my first re-assessment for ESA on Tuesday 28 TH, 3rd attempt at getting suitable appointment & got the ESA50 to complete back in March, not taken long then! I also have Fibromyalgia, Osteoarthritis, Scoliosis, among other things. I have heard it's possible to claim Income Support, while waiting on MR etc., you're not able to work & claiming JSA could go against you, laughable I know. Perhaps someone else on here is more up to date on the Income Support thing, when I worked at DWP 2005-2010 I knew of people who claimed it on those circumstances, also carers. I've also spoken to a couple of people locally who've done this. Maybe this could help both of us? Good luck & take care.

dont accept thishad same just over two years ago was on incapacity benifit said were placing in work related group after right total con off a medical was in real bad sonew had right to appeal that wayhave keep paying had gojobcentre few times see adivisoor got letter from my doctor tell about my my condition the doctoe couldnot say fir for work but wrote letter won my appel said this man is a patient off mine he had lumber lamectony in 2006 he has psoriatic arthritus for which he he is on continuing medication he is on pain relief as wellas disease modtfying drugs and on anti inflam medications he is under the care dr bartram consultant rhumatolgist his pain fatiguability and tiredness make work impractical and even activities off dally living are limited thay put throutgh lot stress i did win appeal two year on suppoer think got do same thing again soon it crazy my condition life long also fact thay waister good few thousand by taking me to appeal it worng but u got fight for what are entitles or they wiljust take it away from disgisting realy is

jimsalisbury12345 profile image
jimsalisbury12345 in reply to jimsalisbury12345

job centre have to give an appeal form get doctoe note and allmeds your on wish you allbest

Tel59 profile image
Tel59 in reply to jimsalisbury12345

Thank u jim..im going to do all u have said..😊..xx

Tel59 profile image
Tel59

Thank u steve..😊..ive wrote down lots from the help u have all given me..thank u all so much..☺..xxx

releasethemagic profile image
releasethemagic

gov.uk/severe-disablement-a...

As you will see from the link, Severe Disablement Allowance has been replaced with Employment and Support Allowance (ESA). Fibromyalgia does not guarantee being placed in the the ESA Support Group. Many claimants with Fibromyalgia are found fit for work and many are put in the Work Related Activity Group. Only the most severely affected qualify for the Support Group.

When you ask for an ESA Mandatory Reconsideration, give them your permission to access the PIP records, including the report from the Healthcare Professional. They will not automatically look at it without your agreement.

Michw66 profile image
Michw66

I was put in the same position last year stopped ESA,went on jsa took sick notes in was told I was too sick to be on jsa,had to go to a tribunal to get ESA back was put in support group,I have now wrote a letter to try and get back in the support group,also changed from dla to pip and they say I am not entitled to pip,I have done a letter to the tribunal for an appeal

Tel59 profile image
Tel59 in reply to Michw66

Aw.hope it all goes well for u mish..😊..xx

Michw66 profile image
Michw66

Sorry was put into work activity,fibro fog lol

peck profile image
peck

I'm not in the UK but I do wish you the very best!! Peck.🐀

TheAuthor profile image
TheAuthor

Hi Tel59

I am so genuinely sorry to read this and I sincerely hope that you can get back your ESA. I can see that you have been given some wonderful advice and information to follow up on.

I have pasted you below a link to Janet, who is our FMA UK benefit adviser who may be able to help you:

fmauk.org/rc-contact-list-s...

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

Tel59 profile image
Tel59 in reply to TheAuthor

Thank u ken..😊..xx

Ouch_123 profile image
Ouch_123

Good luck

Tel59 profile image
Tel59

Thank u every body for all ur advice..😊..it really means a lot to me because now i feel ready to fight back because of u all..😊😊😊..xx

Tel59 profile image
Tel59

Good morning to every one..hope ur all not in to much pain..😊..i have an update about my esa..i took ur advice & went to cab..😊..i wish id known about them sooner as they are fabulous. They are sorting out my esa for a mandatory reco sideration so hopefully it will be sorted soon..just wish id asked them for a reconsideration for my pip..my daughter sent them a letter but so far no replys but cab told me any letters i recieve from both pip & esa i have to take them straight to them to sort out..😊..i just want to say a big thank u to u all for the info u gave me..its took a whole load of worry off me as at last theres someone who can help me to do every thing so big (((((((hugs)))))) to u all & wishing u a lot less pain free day..😊..Terri..xxx

Shamrockgirl profile image
Shamrockgirl

An update on my ESA situation, bear with me as this may be all over place as still distressed about it. I had the assessment on August 3rd, after moving on August 1st! I had waited ages to get a ground floor room at my local Centre, did get this, but rest of it was a disaster. It was really hot, but no water in the water cooler, kept waiting over an hour and a half to be seen, all done on purpose to aggravate you. I had my walker/seat as well as usual stick, paced up and down waiting room (report says I sat in one position whole time/just one of a catlalogue of lies) when I did go in (with a friend) the recording equipment wasn't there, though an appointment had been cancelled to arrange this. I was expecting a female, but it was a swarthy looking male (physiotherapist) who gave me the creeps. I was expecting to get decision in writing, so was shocked to get a call from DWP on 1st September. I presumed it was to check some details or I wouldn't have spoken to him, but it wasn't. Won't go into all if it, but it was aggressive & intimidating & have since found it, it's yet another cruel trick to con people out of their money. Upshot is he had report in front of him, I had nothing & I am supposed to feel "grateful" to have been downgraded from support group to WRAG. I didn't even receive written confirmation until after letter from Jobcentre telling me I had to see a "Work Coach" on 22 ND September. My son had put me in touch with a local support group, who have an experienced person who had helped many people with appeals, applications etc. Have now put in the Mandatory Reconsideration, but most know this is pretty meaningless, just to stop you appeasing. I have since had 2 very bad & scary "flares/relapses", where I could barely move or even use my hands & I was on my own at home. I still feel more unwell than usual & getting bugs etc. I am worse than I was 2-3 years ago, so you can tell all if this is yet another cruel trick to take people off ESA/PIP/whatever. Hopefully, I can find enough strength/anger to carry on the fight.

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